State v. Person

673 A.2d 463 (1996)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D and Pouncey had been romantically involved and had planned to marry. Pouncey, terminated their engagement, after which she commenced a relationship with Moody. D testified that on May 19, 1991, he had forcefully entered Pouncey's apartment while she was away in order to recover his personal belongings. While the D was in the rear bedroom gathering his possessions, Pouncey returned home with her child. D testified that after speaking on the telephone, Pouncey had confronted him in the bedroom with a can of Mace in one hand and two knives in the other. Pouncey had instigated a struggle by spraying Mace in his eyes. In the course of the struggle, D stabbed Pouncey. The defendant then fled the apartment and later surrendered himself at the New Haven police station. D testified that he had been 'somewhat' upset by the fact that Pouncey had begun dating Moody. When asked if he was 'upset because he felt that Moody was moving in on his gal,' Dt responded: 'Not really.' The court refused to instruct the jury on the defense of extreme emotional disturbance. D was convicted of the murder. On appeal, D argued that the trial court had improperly refused to charge the jury on the affirmative defense of extreme emotional disturbance. The appellate court affirmed. D appealed.